COMPLAINTS AND INVESTIGATIONS. 1. This Article applies to complaints or allegations made externally and not from normal supervisory activities. 2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee. 3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded. 4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation. 5. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview. 6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview. 7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, which are directly, narrowly, and specifically related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment. 8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article. 9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee. 10. The employee shall be informed in writing promptly, but no later than five
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
5. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than five
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies If a work-related complaint against an employee is received from a member of the public or some other source outside of the Legislature, the Executive Director or the Executive Director’s designee will investigate the complaint as warranted if it is to complaints be used as the basis for disciplinary action against an employee or allegations made externally and not from normal supervisory activitiesreferenced in an employee’s personnel file. The complainant may be contacted or interviewed as part of the investigation process.
2. The System President If, after preliminary investigation, the Executive Director or his/her the Executive Director’s designee concludes that the complaint is unjustified or not serious enough to warrant further action, the employee will be so informed. If, however, the Executive Director or the Executive Director’s designee concludes that disciplinary action may be required, or that the complaint should be made a part of the employee’s personnel file, the Executive Director or the Executive Director’s designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and inform the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
53. When If the Executive Director or the Executive Director’s designee wishes to interview an employee under investigation who is to be interviewed concerning alleged conduct which the subject of such a complaint and such an interview could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours 2 business days prior to the interview. In , and given an opportunity, if so requested, to have a union representative present during the event of an emergency, such reasonable notice as the circumstances permit shall be giveninterview. The notice shall state employee is required to appear for an interview and to answer questions that an official investigation is being conducted and shall state relate specifically to the subject matter of the interview.
6complaint. Prior to being interviewed pursuant to this Article, The interview of the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall will be conducted at a reasonable time and, when practicablepractical, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, which are directly, narrowly, and specifically related to during the employee's job performance ’s normal work hours. Time spent in an interview will be counted as it relates to the allegations or complaintstime worked. The employee shall will be expected to respond to questions directly rather than through the representative. If the employee fails to appear for the interview or otherwise does not answer questions and provide information relating to the subject matter of the complaint, an adverse inference may be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishmentdrawn against the employee.
84. If it becomes apparent during the investigation that an employee who is to be being interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as discipline, the employee-witness shall be so notified. Investigation of that employee will then be conducted pursuant to this Article, including being given a result of conduct, which is the subject of reasonable opportunity to confer with a union representative and to have a union representative present during the interview, if requested, provided that the interview shall investigation will not be terminated and unreasonably delayed.
5. Investigations will be completed within twenty (20) workdays, except that if more time is needed, the employee afforded the protection of this Article.
9. No employee shall being investigated will be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10informed. The employee will be notified of the results and conclusions within ten (10) workdays after conclusion of the investigation. The deadlines may be extended by mutual agreement of the parties.
6. If, based on the results of the investigation, the complaint(s) are unsubstantiated, no record of the complaint(s) or the investigation will be entered in the employee’s personnel file.
7. Nothing in this Article shall be informed affect the right of the Legislative Council or its designee to immediately suspend or dismiss an employee pursuant to other provisions of this Agreement nor shall anything in writing promptly, but no later than fivethis Article affect the right of the Legislative Council or its designee to contact appropriate authorities if the Legislative Council or its designee has reason to believe that an employee may have committed a crime.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed For the purpose of making a preliminary determination of whether there is probable cause to investigate the complaint, the System President and his/her designee may interview the complainant and take other reasonable actions to evaluate the complaint prior to notifying the employeeemployee who is the subject of the complaint. If a bargaining unit employee is interviewed as a witness as part of the probable cause determination, the employee will be entitled to the protections in this Article applicable to witnesses, including but not limited to all protections in paragraph 8.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee who was the subject of the complaint shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
5. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than five
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee administrator on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employeeadministrator.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee administrator shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee administrator under investigation and his/her supervisor of the nature of the investigation.
5. When the employee administrator under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee administrator and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee administrator shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee administrator shall be conducted at a reasonable time and, when practicable, when the employee administrator is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employeeadministrator's job performance as it relates to the allegations or complaints. The employee administrator shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If an employee administrator is to be interviewed as a witness only, the employee administrator and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee administrator may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the interview shall be terminated and the employee administrator afforded the protection of this Article.
9. No employee administrator shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employeeadministrator.
10. The employee administrator shall be informed in writing promptly, but no later than fivefive (5) workdays, when the investigation is completed and of any determinations made, except when the matter has been terminated under paragraph 3.
11. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the administrator's personnel file.
12. Nothing in this Article shall be construed to affect the right of the Trustees to immediately suspend or dismiss an administrator pursuant to the provisions of Article 7, Discipline.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally externally, including but not limited to complaints from students or other persons and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all In the case of allegations of misconduct or other complaints against an employee on which any action adjunct, the System President or designee may determine, in his or her discretion, that an investigation of the complaint or allegation is to be taken or a record is to be made shall be investigatedappropriate. The investigator shall be allowed to interview the complainant prior Prior to notifying the employee.
3adjunct, a preliminary investigation may be conducted to evaluate whether the complaint or allegation warrants further investigation. If after preliminary the determination is made that further investigation no probable cause is foundwarranted, the investigation adjunct will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor notified of the nature of the investigationcomplaint or allegation.
53. When the employee adjunct under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplineinterviewed, the employee adjunct and his/her representative shall be notified in writing, writing at least forty-eight (48) hours prior to the interview. In the event of an emergencyexigent circumstances, the adjunct will be provided such reasonable notice as the circumstances permit shall be givenpermit. The notice shall state that an official investigation is being conducted and shall state adjunct will be informed of the subject matter of the interview.
64. Prior to being interviewed pursuant to this Article, the employee shall adjunct will be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in be present at the interview.interview.
75. Any interview of an employee adjunct who is the subject of investigation shall be conducted at a reasonable time and, when practicable, when the employee adjunct is on dutyscheduled to work. The interview shall take place at a suitable location and, when practicable practicable, on the MCC SystemMCCS's premises. Confidentiality of the interview shall will be maintainedmaintained to the fullest extent feasible. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employeeadjunct's job performance as it relates to the allegations or complaints. The employee shall investigation will not be subjected to any offensive language nor be threatened with transfer, dismissal conducted in an intimidating or other disciplinary punishmentthreatening manner.
86. If an employee adjunct is to be interviewed as a witness only, the employee adjunct and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, interview it becomes apparent that the employee adjunct may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the witness interview shall be terminated and the employee adjunct afforded the protection of procedures in this Article.
97. No employee adjunct shall be required or requested to submit to any test or examinationexamination in connection with an external complaint. A test or examination may be given if requested by the employeeadjunct.
108. The employee adjunct shall be informed in writing promptly, but no later than fivefive (5) workdays after the investigation is completed, of any determination(s) made as a result of the investigation.
9. If the result of the investigation is that the allegation or complaint is unsubstantiated, no records pertaining to these allegations shall be put into the adjunct's personnel file.
10. Nothing in this Article shall be construed to affect the right of the Trustees to immediately suspend or dismiss an adjunct when necessary for MCCS operations, security, legal or fiduciary obligations or the welfare of students or other employees. Nothing in this Article creates, expands or modifies a condition of employment that is set out in any other provision of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. A. This Article applies to outlines a process for investigating complaints or allegations made internally or externally and not from normal supervisory activities. Further, this Article applies only to investigations by GVA and not to investigations conducted exclusively by legally entitled external entities. Bargaining Unit Employees have the right to Union Representation.
2. The System President or his/her designee B. A supervisor shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. C. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. D. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation. In addition to GVA notifying the employee in writing if they are placed on administrative leave or is under investigation, GVA will also notify MSEA Xxxxxxx in writing on every employee that is placed on administrative leave or is under investigation.
5. E. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview, unless the Parties agree to waive this time frame. In the event of an emergencyinvestigations into client abuse, neglect, or exploitation, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. F. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorneyUnion representative. Such representative or attorney may participate in consult and represent the employee during the interview.
7. G. MSEA stewards representing employees during interviews in investigations being conducted by State of Maine entities which cannot be scheduled during the xxxxxxx’x time off from work, will not suffer lost wages.
H. Any interview of an the employee shall be conducted at a reasonable time and, when practicable, without interference with services, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's employer’s premises. Confidentiality of the interview shall be maintainedmaintained and the employee may be required to sign a confidentiality agreement. The interview shall be limited to questions, questions which are directly, narrowly, and specifically directly related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. I. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview, unless the Parties agree to waive this time frame. In investigations into client abuse, neglect, or exploitation, such reasonable notice as the circumstances permit shall be given. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the employee will be so informed and the interview shall will be terminated and at the employee afforded request of the protection of this Articleemployee.
9. J. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The K. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee's personnel file.
L. If an employee shall is put on leave pending investigation of allegations of misconduct, and the allegations against the employee are determined by the employer to be unwarranted [or do not justify the loss of time the employee is on leave], the employee will be made whole for all normal compensation from GVA lost as a result of the leave.
M. As soon as practical after the investigation has been closed, the employee will be informed in writing promptlyof the results and the action, but no later than fiveif any, to be taken. GVA will endeavor to notify the employee(s) involved in writing that the investigation has been closed within seven (7) working days after the date on which GVA has closed the investigation. GVA will endeavor to notify the employee(s) involved, in writing within ten (10) working days after notification of the closing of the investigation, the action, if any, taken or to be taken as a result of the investigation.
N. GVA retains the right to immediately suspend or discharge an employee pursuant to the provisions of the Discipline Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally externally, including but not limited to complaints from students or other persons and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all In the case of allegations of misconduct or other complaints against an employee on which any action adjunct, the System President or designee may determine, in his or her discretion, that an investigation of the complaint or allegation is to be taken or a record is to be made shall be investigatedappropriate. The investigator shall be allowed to interview the complainant prior Prior to notifying the employee.
3adjunct, a preliminary investigation may be conducted to evaluate whether the complaint or allegation warrants further investigation. If after preliminary the determination is made that further investigation no probable cause is foundwarranted, the investigation adjunct will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor notified of the nature of the investigationcomplaint or allegation.
53. When the employee adjunct under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplineinterviewed, the employee adjunct and his/her representative shall be notified in writing, writing at least forty-eight (48) hours prior to the interview. In the event of an emergencyexigent circumstances, the adjunct will be provided such reasonable notice as the circumstances permit shall be givenpermit. The notice shall state that an official investigation is being conducted and shall state adjunct will be informed of the subject matter of the interview.
64. Prior to being interviewed pursuant to this Article, the employee shall adjunct will be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in be present at the interview.
75. Any interview of an employee adjunct who is the subject of investigation shall be conducted at a reasonable time and, when practicable, when the employee adjunct is on dutyscheduled to work. The interview shall take place at a suitable location and, when practicable practicable, on the MCC SystemMCCS's premises. Confidentiality of the interview shall will be maintainedmaintained to the fullest extent feasible. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employeeadjunct's job performance as it relates to the allegations or complaints. The employee shall investigation will not be subjected to any offensive language nor be threatened with transfer, dismissal conducted in an intimidating or other disciplinary punishmentthreatening manner.
86. If an employee adjunct is to be interviewed as a witness only, the employee adjunct and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, interview it becomes apparent that the employee adjunct may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the witness interview shall be terminated and the employee adjunct afforded the protection of procedures in this Article.
97. No employee adjunct shall be required or requested to submit to any test or examinationexamination in connection with an external complaint. A test or examination may be given if requested by the employeeadjunct.
108. The employee adjunct shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed, of any determination(s) made as a result of the investigation.
9. If the result of the investigation is that the allegation or complaint is unsubstantiated, no records pertaining to these allegations shall be put into the adjunct's personnel file.
10. Nothing in this Article shall be construed to affect the right of the Trustees to immediately suspend or dismiss an adjunct when necessary for MCCS operations, security, legal or fiduciary obligations or the welfare of students or other employees. Nothing in this Article creates, expands or modifies a condition of employment that is set out in any other provision of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. A. This Article applies to outlines a process for investigating complaints or allegations made internally or externally and not from normal supervisory activities. Further, this Article applies only to investigations by GVA and not to investigations conducted exclusively by legally entitled external entities. Bargaining Unit Employees have the right to Union Representation.
2. The System President or his/her designee B. A supervisor shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. C. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. D. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation. In addition to GVA notifying the employee in writing if they are placed on administrative leave or is under investigation, GVA will also notify MSEA Xxxxxxx in writing on every employee that is placed on administrative leave or is under investigation.
5. E. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview, unless the Parties agree to waive this time frame. In the event of an emergencyinvestigations into client abuse, neglect, or exploitation, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior X. Xxxxx to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorneyUnion representative. Such representative or attorney may participate in consult and represent the employee during the interview.
7. G. MSEA stewards representing employees during interviews in investigations being conducted by State of Maine entities which cannot be scheduled during the xxxxxxx’x time off from work, will not suffer lost wages.
H. Any interview of an the employee shall be conducted at a reasonable time and, when practicable, without interference with services, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's employers premises. Confidentiality of the interview shall be maintainedmaintained and the employee may be required to sign a confidentiality agreement. The interview shall be limited to questions, questions which are directly, narrowly, and specifically directly related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. I. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview, unless the Parties agree to waive this time frame. In investigations into client abuse, neglect, or exploitation, such reasonable notice as the circumstances permit shall be given. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the employee will be so informed and the interview shall will be terminated and at the employee afforded request of the protection of this Articleemployee.
9. J. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The K. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee's personnel file.
L. If an employee shall is put on leave pending investigation of allegations of misconduct, and the allegations against the employee are determined by the employer to be unwarranted [or do not justify the loss of time the employee is on leave], the employee will be made whole for all normal compensation from GVA lost as a result of the leave.
X. Xx soon as practical after the investigation has been closed, the employee will be informed in writing promptlyof the results and the action, but no later than fiveif any, to be taken. GVA will endeavor to notify the employee(s) involved in writing that the investigation has been closed within seven (7) working days after the date on which GVA has closed the investigation. GVA will endeavor to notify the employee(s) involved, in writing within ten (10) working days after notification of the closing of the investigation, the action, if any, taken or to be taken as a result of the investigation.
N. GVA retains the right to immediately suspend or discharge an employee pursuant to the provisions of the Discipline Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed For the purpose of making a preliminary determination of whether there is probable cause to investigate the complaint, the System President and his/her designee may interview the complainant and take other reasonable actions to evaluate the complaint prior to notifying the employeeemployee who is the subject of the complaint. If a bargaining unit employee is interviewed as a witness as part of the probable cause determination, the employee will be entitled to the protections in this Article applicable to witnesses, including but not limited to all protections in paragraph 8.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee who was the subject of the complaint shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
5. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than five
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
5. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, which are directly, narrowly, and specifically related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fiveeight
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activitiesinternal sources.
2. The System President or his/her designee A department head shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. .
A. The investigator shall be the department head or designee; and
B. Shall be allowed to interview the complainant and any other witnesses prior to notifying the employee.
3. If after After preliminary investigation, which may include an informal discussion with the affected employee, the investigation will terminate if no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the affected employee under investigation and his/her supervisor of the nature of the investigation.
5. A. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplinedisciplinary action, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. .
B. In the event of an emergency, such reasonable notice as the circumstances permit shall be given.
5. The notice If an employee is to be interviewed only as a witness regarding an external complaint against another employee, that employee shall state that an official investigation is being conducted and shall state the subject matter of the interviewbe so advised in advance.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. an MSEA- SEIU representative.
A. Such representative or attorney may participate in the interview.
B. The employee may seek Union advice or representation at any level of the investigation.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place and at a suitable location and, when practicable on as determined by the MCC System's premises. Authority.
A. Confidentiality of the interview shall be maintained. .
B. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates relate to the allegations or complaints. The employee of the complaint as they relate to job performance.
C. None of the persons participating in the interview shall not be subjected to any offensive language nor be threatened with transfer, dismissal or directed at the other disciplinary punishmentparty during the interview.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed of any determination made, except when the matter has been terminated under Paragraph 3.
9. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee’s personnel file.
10. Nothing in this Article shall be construed to affect the right of the Authority to immediately suspend or dismiss an employee pursuant to the provisions of the Discipline Article.
11. Employees subjected to an investigation, in accordance with this Article, shall be granted administrative duty for any time spent away from their regular duties solely as a result of participating in the investigation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies If a work-related complaint against an employee is received from a member of the public or some other source outside of the Legislature, the Executive Director or the Executive Director’s designee will investigate the complaint as warranted if it is to complaints be used as the basis for disciplinary action against an employee or allegations made externally and not from normal supervisory activitiesreferenced in an employee’s personnel file. The complainant may be contacted or interviewed as part of the investigation process.
2. The System President If, after preliminary investigation, the Executive Director or his/her the Executive Director’s designee concludes that the complaint is unjustified or not serious enough to warrant further action, the employee will be so informed. If, however, the Executive Director or the Executive Director’s designee concludes that disciplinary action may be required, or that the complaint should be made a part of the employee’s personnel file, the Executive Director or the Executive Director’s designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and inform the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
53. When If the Executive Director or the Executive Director’s designee wishes to interview an employee under investigation who is to be interviewed concerning alleged conduct which the subject of such a complaint and such an interview could result in discharge or other discipline, the employee and his/her representative shall be notified in writingand given an opportunity, at least forty-eight (48) hours if so requested, to have a union representative present during the interview and also to have a reasonable opportunity to confer with a union representative prior to the interview, provided that the investigation will not be unreasonably delayed. In If requested by the event of Executive Director or the Executive Director’s designee, the employee is required to appear for an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state interview and to answer questions that an official investigation is being conducted and shall state relate specifically to the subject matter of the interview.
6complaint. Prior to being interviewed pursuant to this Article, The interview of the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall will be conducted at a reasonable time and, when practicablepractical, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, which are directly, narrowly, and specifically related to during the employee's job performance ’s normal work hours. Time spent in an interview will be counted as it relates to the allegations or complaintstime worked. The employee shall will be expected to respond to questions directly rather than through the representative. If the employee fails to appear for the interview or otherwise does not answer questions and provide information relating to the subject matter of the complaint, an adverse inference may be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishmentdrawn against the employee.
84. If it becomes apparent during the investigation that an employee who is to be being interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as discipline, the employee-witness shall be so notified. Investigation of that employee will then be conducted pursuant to this Article, including being given a result of conduct, which is the subject of reasonable opportunity to confer with a union representative and to have a union representative present during the interview, if requested, provided that the interview shall investigation will not be terminated and unreasonably delayed.
5. Investigations will be completed within twenty (20) workdays, except that if more time is needed, the employee afforded the protection of this Article.
9. No employee shall being investigated will be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10informed. The employee will be notified of the results and conclusions within ten (10) workdays after conclusion of the investigation. The deadlines may be extended by mutual agreement of the parties.
6. If, based on the results of the investigation, the complaint(s) are unsubstantiated, no record of the complaint(s) or the investigation will be entered in the employee’s personnel file.
7. Nothing in this Article shall be informed affect the right of the Legislative Council or its designee to immediately suspend or dismiss an employee pursuant to other provisions of this Agreement nor shall anything in writing promptly, but no later than fivethis Article affect the right of the Legislative Council or its designee to contact appropriate authorities if the Legislative Council or its designee has reason to believe that an employee may have committed a crime.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.
3. If after preliminary investigation no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
5. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place at a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, which are directly, narrowly, and specifically related to the employee's job performance as it relates to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than five
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally externally, including but not limited to complaints from students or other persons and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee adjunct on which any action is to be taken or a record is to be made shall be adequately investigated. The investigator shall be allowed to interview the complainant prior to notifying the employeeadjunct.
3. If after preliminary investigation evaluation of the complaint MCCS determines that there is no probable cause is foundbasis for further investigation, the investigation will terminate and the employee adjunct shall be informed in writing that a complaint was made against him or him/ her but was unfoundedfound not to warrant further investigation.
4. When An adjunct whose conduct is the subject of an investigator believes external complaint will be notified if MCCS determines after preliminary evaluation that probable cause has been established, the investigator shall inform in writing the employee under further investigation and his/her supervisor of the nature of the investigation.
5will be conducted. When the employee adjunct under investigation is to be interviewed concerning alleged conduct which that could result in discharge removal or other discipline, the employee adjunct and his/her representative shall be notified in writing, writing at least forty-eight (48) hours prior to the interview. In the event of an emergencyexigent circumstances, the adjunct will be provided such reasonable notice as the circumstances permit shall be givenpermit. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
65. Prior to being interviewed pursuant to this Article, the employee shall adjunct will be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in be present at the interview.
76. Any interview of an employee adjunct shall be conducted at a reasonable time and, when practicable, when the employee adjunct is on dutyscheduled to work. The interview shall take place at a suitable location and, when practicable practicable, on the MCC SystemMCCS's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employeeadjunct's job performance as it relates to the allegations or complaints. The employee adjunct shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
87. If an employee adjunct is to be interviewed as a witness only, the employee adjunct and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, interview it becomes apparent that the employee adjunct may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the interview shall be terminated and the employee adjunct afforded the protection of procedures in this Article.
98. No employee adjunct shall be required or requested to submit to any test or examinationexamination in connection with an external complaint. A test or examination may be given if requested by the employeeadjunct.
109. The employee adjunct shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed, of any determination(s) made as a result of the investigation.
10. If the result of the investigation is that the allegation or complaint is unsubstantiated, no records pertaining to these allegations shall be put into the adjunct's personnel file.
11. Nothing in this Article shall be construed to affect the right of the Trustees to immediately suspend or dismiss an adjunct when necessary for MCCS operations, security, legal or fiduciary obligations or the welfare of students or other employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activitiesinternal sources.
2. The System President or his/her designee A department head shall be responsible for insuring ensuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. .
A. The investigator shall be the department head or designee; and
B. Xxxxx be allowed to interview the complainant and any other witnesses prior to notifying the employee.
3. If after After preliminary investigation, which may include an informal discussion with the affected employee, the investigation will terminate if no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the affected employee under investigation and his/her supervisor of the nature of the investigation.
5. A. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplinedisciplinary action, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. .
B. In the event of an emergency, such reasonable notice as the circumstances permit shall be given.
5. The notice If an employee is to be interviewed only as a witness regarding an external complaint against another employee, that employee shall state that an official investigation is being conducted and shall state the subject matter of the interviewbe so advised in advance.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. an MSEA- SEIU representative
A. Such representative or attorney may participate in the interview.
B. The employee may seek Union advice or representation at any level of the investigation.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place and at a suitable location and, when practicable on as determined by the MCC System's premises. Authority.
A. Confidentiality of the interview shall be maintained. .
B. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates relate to the allegations or complaints. The employee of the complaint as they relate to job performance
C. None of the persons participating in the interview shall not be subjected to any offensive language nor be threatened with transfer, dismissal or directed at the other disciplinary punishmentparty during the interview.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed of any determination made, except when the matter has been terminated under Paragraph 3.
9. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee’s personnel file.
10. Nothing in this Article shall be construed to affect the right of the Authority to immediately suspend or dismiss an employee pursuant to the provisions of the Discipline Article.
11. Employees subjected to an investigation, in accordance with this Article, shall be granted administrative duty for any time spent away from their regular duties solely as a result of participating in the investigation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activitiesinternal sources.
2. The System President or his/her designee A department head shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. .
A. The investigator shall be the department head or designee; and
B. Xxxxx be allowed to interview the complainant and any other witnesses prior to notifying the employee.
3. If after After preliminary investigation, which may include an informal discussion with the affected employee, the investigation will terminate if no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the affected employee under investigation and his/her supervisor of the nature of the investigation.
5. A. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplinedisciplinary action, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. .
B. In the event of an emergency, such reasonable notice as the circumstances permit shall be given.
5. The notice If an employee is to be interviewed only as a witness regarding an external complaint against another employee, that employee shall state that an official investigation is being conducted and shall state the subject matter of the interviewbe so advised in advance.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. an MSEA- SEIU representative.
A. Such representative or attorney may participate in the interview.
B. The employee may seek Union advice or representation at any level of the investigation.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place and at a suitable location and, when practicable on as determined by the MCC System's premises. Authority.
A. Confidentiality of the interview shall be maintained. .
B. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates relate to the allegations or complaints. The employee of the complaint as they relate to job performance.
C. None of the persons participating in the interview shall not be subjected to any offensive language nor be threatened with transfer, dismissal or directed at the other disciplinary punishmentparty during the interview.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed of any determination made, except when the matter has been terminated under Paragraph 3.
9. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee’s personnel file.
10. Nothing in this Article shall be construed to affect the right of the Authority to immediately suspend or dismiss an employee pursuant to the provisions of the Discipline Article.
11. Employees subjected to an investigation, in accordance with this Article, shall be granted administrative duty for any time spent away from their regular duties solely as a result of participating in the investigation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activitiesinternal sources.
2. The System President or his/her designee A department head shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. .
A. The investigator shall be the department head or designee; and
B. Shall be allowed to interview the complainant and any other witnesses prior to notifying the employee.
3. If after After preliminary investigation, which may include an informal discussion with the affected employee, the investigation will terminate if no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the affected employee under investigation and his/her supervisor of the nature of the investigation.
5. A. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplinedisciplinary action, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. .
B. In the event of an emergency, such reasonable notice as the circumstances permit shall be given.
5. The notice If an employee is to be interviewed only as a witness regarding an external complaint against another employee, that employee shall state that an official investigation is being conducted and shall state the subject matter of the interviewbe so advised in advance.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. an MSEA- SEIU representative.
A. Such representative or attorney may participate in the interview.
B. The employee may seek Union advice or representation at any level of the investigation.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place and at a suitable location and, when practicable on as determined by the MCC System's premises. Authority.
A. Confidentiality of the interview shall be maintained. .
B. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates relate to the allegations or complaints. The employee of the complaint as they relate to job performance.
C. None of the persons participating in the interview shall not be subjected to any offensive language nor be threatened with transfer, dismissal or directed at the other disciplinary punishmentparty during the interview.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed of any determination made, except when the matter has been terminated under Paragraph 3.
9. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee’s personnel file.
10. Nothing in this Article shall be construed to affect the right of the Authority to immediately suspend or dismiss an employee pursuant to the provisions of the Discipline Article.
11. Employees subjected to an investigation, in accordance with this Article, shall be granted administrative duty for
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS. A. Verbal Complaints No disciplinary action will stem from a verbal complaint not shared with an employee at the time the complaint was made.
B. Written Complaints and Complaints of a Criminal or Serious Nature
1. Written Complaints: Any written complaints regarding an employee by any person which is received by the Administration and/or Committee must be signed by the individual lodging the complaint and will be called to the attention of the employee within five (5) school days.
2. Complaints of a Criminal or Serious Nature: Any complaint regarding an employee, lodged by any person, involving criminal acts, acts intending to cause serious bodily injury to a student or employee, sexual harassment, or acts constituting gross negligence resulting in or potentially resulting in physical injury to another or damage to the school, which is received by the Administration and/or Committee shall be called to the attention of the employee within five (5) school days except when such complaint involves a criminal matter AND such disclosure would prejudice the investigation. When complaints of a criminal or serious nature, as defined above, are lodged against an employee, the complainant shall be asked to put the complaint in writing and affix his/her signature to the complaint. When it is not possible to obtain a written, signed complaint from the complainant, the administrator receiving the complaint shall prepare a written summary of the complaint and attribute the written complaint to the complainant. This Article applies written summary shall constitute a written complaint for the purpose of this Article.
3. The employee will be provided the opportunity to complaints read the complaint, be informed of the name of the person lodging the complaint, and rebut such complaint within ten (10) days.
C. Proceeding and Meetings/Conferences involving Complaints
1. Only written complaints, as defined in B.1. or allegations made externally B.2. above, which are of a reasonable nature and not from normal supervisory activitiesreceived within a reasonable time of the incident causing the complaint can be used in proceedings involving the employee.
2. The System President or his/her designee employee shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is have the right to be taken represented by the Association at any meetings or conferences regarding a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employeeverbal or written complaint.
3. If after preliminary investigation no probable cause is found, D. Off-duty Misconduct Employees shall have the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor of the nature of the investigation.
5. When the employee under investigation is right to be interviewed concerning alleged conduct which could result in discharge or other discipline, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice shall state that an official investigation is being conducted and shall state the subject matter of the interview.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in the interview.
7. Any interview of an employee shall be conducted at a reasonable time and, privacy when practicable, when the employee is on they are off duty. The interview shall take place at exception is when the off-duty misconduct has a suitable location and, when practicable on the MCC System's premises. Confidentiality of the interview shall be maintained. The interview shall be limited to questions, which are directly, narrowly, and specifically related nexus to the employee's ’s job performance as it relates and the misconduct has either: * a detrimental effect on the employer’s reputation; * an impact of the employee’s reinstatement on fellow employees, who refuse to work with or be exposed to the allegations or complaints. The employee shall not be subjected to any offensive language nor be threatened with transfer, dismissal or other disciplinary punishment.
8. If danger of the off-duty offender; * an employee is to be interviewed as a witness only, unavailability of the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to work due to incarceration; or * the interview. If during the course unsuitability of continued employment in light of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fivemisconduct
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. ) This Article applies to complaints or allegations made externally and not from normal supervisory activitiesinternal sources.
2. The System President or his/her designee ) A department head shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. .
a) The investigator shall be the department head or his/her designee; and
b) Shall be allowed to interview the complainant and any other witnesses prior to notifying the employee.
3. If after ) After preliminary investigation, which may include an informal discussion with the affected employee, the investigation will terminate if no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. ) When an investigator believes that probable cause has been established, the investigator shall inform in writing the affected employee under investigation and his/her supervisor of the nature of the investigation.
5. a) When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplinedisciplinary action, the employee and his/her representative shall be notified in writing, at least forty-forty eight (48) hours prior to the interview. .
b) In the event of an emergency, such reasonable notice as the circumstances permit shall be given. The notice .
5) If an employee is to be interviewed only as a witness regarding an external complaint against another employee, that employee shall state that an official investigation is being conducted and shall state the subject matter of the interviewbe so advised in advance.
6. ) Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union an MSEA representative or union attorney. Such representative or attorney who may participate in the interview.
7. ) Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place and at a suitable location and, when practicable on as determined by the MCC System's premises. Authority.
a) Confidentiality of the interview shall be maintained. .
b) The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates relate to the allegations or complaints. The employee of the complaint as they relate to job performance.
c) None of the persons participating in the interview shall not be subjected to any offensive language nor be threatened with transfer, dismissal or directed at the other disciplinary punishmentparty during the interview.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. 8) The employee shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed of any determination made, except when the matter has been terminated under Paragraph 3.
9) If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee’s personnel file.
10) Nothing in this Article shall be construed to affect the right of the Authority to immediately suspend or dismiss an employee pursuant to the provisions of the Discipline Article.
11) Employees subjected to an investigation, in accordance with this Article, shall be granted administrative duty for any time spent away from their regular duties solely as a result of participating in the investigation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally externally, including but not limited to complaints from students or other persons and not from normal supervisory activities.
2. The System President or his/her designee shall be responsible for insuring that all In the case of allegations of misconduct or other complaints against an employee on which any action adjunct, the System President or designee may determine, in his or her discretion, that an investigation of the complaint or allegation is to be taken or a record is to be made shall be investigatedappropriate. The investigator shall be allowed to interview the complainant prior Prior to notifying the employee.
3adjunct, a preliminary investigation may be conducted to evaluate whether the complaint or allegation warrants further investigation. If after preliminary the determination is made that further investigation no probable cause is foundwarranted, the investigation adjunct will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the employee under investigation and his/her supervisor notified of the nature of the investigationcomplaint or allegation.
53. When the employee adjunct under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplineinterviewed, the employee adjunct and his/her representative shall be notified in writing, writing at least forty-eight (48) hours prior to the interview. In the event of an emergencyexigent circumstances, the adjunct will be provided such reasonable notice as the circumstances permit shall be givenpermit. The notice shall state that an official investigation is being conducted and shall state adjunct will be informed of the subject matter of the interview.
64. Prior to being interviewed pursuant to this Article, the employee shall adjunct will be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. Such representative or attorney may participate in be present at the interview.
75. Any interview of an employee adjunct who is the subject of investigation shall be conducted at a reasonable time and, when practicable, when the employee adjunct is on dutyscheduled to work. The interview shall take place at a suitable location and, when practicable practicable, on the MCC SystemMCCS's premises. Confidentiality of the interview shall will be maintainedmaintained to the fullest extent feasible. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employeeadjunct's job performance as it relates to the allegations or complaints. The employee shall investigation will not be subjected to any offensive language nor be threatened with transfer, dismissal conducted in an intimidating or other disciplinary punishmentthreatening manner.
86. If an employee adjunct is to be interviewed as a witness only, the employee adjunct and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, interview it becomes apparent that the employee adjunct may be subject to discipline as a result of conduct, conduct which is the subject of the interview, the witness interview shall be terminated and the employee adjunct afforded the protection of procedures in this Article.
97. No employee adjunct shall be required or requested to submit to any test or examinationexamination in connection with an external complaint. A test or examination may be given if requested by the employeeadjunct.
108. The employee adjunct shall be informed in writing promptly, but no later than fivefive (5) workdays after the investigation is completed, of any determination(s) made as a result of the investigation.
9. If the result of the investigation is that the allegation or complaint is unsubstantiated, no records pertaining to these allegations shall be put into the adjunct's personnel file.
10. Nothing in this Article shall be construed to affect the right of the Trustees to immediately suspend or dismiss an adjunct when necessary for MCCS operations, security, legal or fiduciary obligations or the welfare of students or other employees. Nothing in this Article creates, expands or modifies a condition of employment that is set out in any other provision of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
COMPLAINTS AND INVESTIGATIONS.
1. This Article applies to complaints or allegations made externally and not from normal supervisory activitiesinternal sources.
2. The System President or his/her designee A department head shall be responsible for insuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. .
A. The investigator shall be the department head or designee; and
B. Shall be allowed to interview the complainant and any other witnesses prior to notifying the employee.
3. If after After preliminary investigation, which may include an informal discussion with the affected employee, the investigation will terminate if no probable cause is found, the investigation will terminate and the employee shall be informed in writing that a complaint was made against him or her but was unfounded.
4. When an investigator believes that probable cause has been established, the investigator shall inform in writing the affected employee under investigation and his/her supervisor of the nature of the investigation.
5. A. When the employee under investigation is to be interviewed concerning alleged conduct which could result in discharge or other disciplinedisciplinary action, the employee and his/her representative shall be notified in writing, at least forty-eight (48) hours prior to the interview. .
B. In the event of an emergency, such reasonable notice as the circumstances permit shall be given.
5. The notice If an employee is to be interviewed only as a witness regarding an external complaint against another employee, that employee shall state that an official investigation is being conducted and shall state the subject matter of the interviewbe so advised in advance.
6. Prior to being interviewed pursuant to this Article, the employee shall be afforded a reasonable opportunity and facilities to contact and consult privately with his/her union representative or union attorney. an MSEA- SEIU representative
A. Such representative or attorney may participate in the interview.
B. The employee may seek Union advice or representation at any level of the investigation.
7. Any interview of an employee shall be conducted at a reasonable time and, when practicable, when the employee is on duty. The interview shall take place and at a suitable location and, when practicable on as determined by the MCC System's premises. Authority.
A. Confidentiality of the interview shall be maintained. .
B. The interview shall be limited to questions, questions which are directly, narrowly, and specifically related to the employee's job performance as it relates relate to the allegations or complaints. The employee of the complaint as they relate to job performance
C. None of the persons participating in the interview shall not be subjected to any offensive language nor be threatened with transfer, dismissal or directed at the other disciplinary punishmentparty during the interview.
8. If an employee is to be interviewed as a witness only, the employee and his/her representative shall be so informed at least forty-eight (48) hours prior to the interview. If during the course of the interview, however, it becomes apparent that the employee may be subject to discipline as a result of conduct, which is the subject of the interview, the interview shall be terminated and the employee afforded the protection of this Article.
9. No employee shall be required or requested to submit to any test or examination. A test or examination may be given if requested by the employee.
10. The employee shall be informed in writing promptly, but no later than fivefive (5) work days after the investigation is completed of any determination made, except when the matter has been terminated under Paragraph 3.
9. If the result of the investigation is that the allegations or complaints are unsubstantiated, no records pertaining to these allegations shall be put into the employee’s personnel file.
10. Nothing in this Article shall be construed to affect the right of the Authority to immediately suspend or dismiss an employee pursuant to the provisions of the Discipline Article.
11. Employees subjected to an investigation, in accordance with this Article, shall be granted administrative duty for any time spent away from their regular duties solely as a result of participating in the investigation process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
